Terms Used In Idaho Code > Title 54 > Chapter 12

Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

Benchmark: means a material object, natural or artificial, whose elevation is referenced to an adopted datum. See Idaho Code 54-1202

Board: means the Idaho board of licensure of professional engineers and professional land surveyors, hereinafter provided by this chapter. See Idaho Code 54-1202

Business entity: means a corporation, professional corporation, limited liability company, professional limited liability company, general partnership, limited partnership, limited liability partnership, professional limited liability partnership or any other form of business except a sole proprietorship. See Idaho Code 54-1202

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Engineer: means a person who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical and engineering sciences, and the principles and methods of engineering analysis and design, acquired by professional education and engineering experience. See Idaho Code 54-1202

Engineer intern: means a person who has qualified for, taken and passed an examination in the fundamentals of engineering subjects as provided in this chapter. See Idaho Code 54-1202

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Fraud: Intentional deception resulting in injury to another.

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Land surveyor intern: means a person who has qualified for, taken and passed an examination in the fundamentals of surveying subjects as provided in this chapter. See Idaho Code 54-1202

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC

Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

person: includes a corporation as well as a natural person;

Idaho Code 73-114

Professional engineer: means a person who has been duly licensed as a professional engineer by the board under this chapter. See Idaho Code 54-1202

Professional land surveyor: means a person who is qualified by reason of his knowledge of the principles of land surveying acquired by education and practical experience to engage in the practice of professional land surveying and who has been duly licensed as a professional land surveyor by the board under this chapter. See Idaho Code 54-1202

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Public: means any person, firm, corporation, partnership, company, government agency, institution or any other entity recognized by law. See Idaho Code 54-1202

Quorum: The number of legislators that must be present to do business.

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Responsible charge: means the control and direction of engineering work, or the control and direction of land surveying work, requiring initiative, professional skill, independent judgment and professional knowledge of the content of relevant documents during their preparation. See Idaho Code 54-1202

Rules of professional responsibility: means those rules, if any, promulgated by the board, as authorized by the Idaho Code. See Idaho Code 54-1202

seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111

Signature: means either: an original handwritten message identification containing the name of the person who applied it; or a digital signature which is an electronic authentication process attached to or logically associated with an electronic document. See Idaho Code 54-1202

Standard design plan: means a building, structure, equipment or facility which is intended to be constructed or sited at multiple locations and for which some or all of the plans must be prepared by a professional engineer. See Idaho Code 54-1202

State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114

Subpoena: A command to a witness to appear and give testimony.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.